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Wrongful
Termination
Understanding Your Rights
Wrongful
termination is a term that gets thrown around quite a bit when somebody
is fired, but the true meaning behind the term is often
misunderstood.
Before you understand what rights you have as
both an employer and an employee, it is important that you understand
the legal implications of wrongful dismissal.
What
is Wrongful Employment Termination?
- It is a
term that describes the wrongful discrimination against or termination
of an employee for illegal reasons, or reasons that violate a contract
singed by both employer and employee.
- For the most part,
employees are hired at will, which means that either party can quit the
employment contract at any time. A contract, though, can
change these circumstances.
- Illegal reasons for
firing an employee include all reasons put forth in the Civil Rights
Act, including firing based on: race, skin color, religion, gender, or
national origin.
- Since then, congress has expanded the
wrongful employment termination umbrella to include firing based on age,
disability, marital status, political affiliation, and sexual
orientation.
- Furthermore, federal law prohibits
companies from firing employees or discriminating against them based on
whistle blowing.
- This is to encourage individuals to step
forth with incriminating evidence against larger corporations without
fearing repercussions for their actions.
- Also, it is illegal to retaliate against an
employee for complaining
about working conditions to the Department of Labor.
Another
clause protecting employees against wrongful employment termination is known as the “good
faith” clause.
This is recognized by
certain states, and prohibits employers from treating employees
unfairly just to improve their bottom line.
An example would
be if an employer fired an employee right before they were able to
retire and collect benefits.
The employer could not fire an
employee simply to avoid paying out retirement.
An
employer also cannot create a fast pretense for firing an
employee.
For example, they cannot claim that an employee is
continually late when he or she is not.
This is known as
defamation of character, and is grounds for a wrongful termination
lawsuit.
What is Not
Wrongful Termination?
- Firing
an employee based on performance is not considered wrongful
employment termination.
- If an employee fails to the universal expected
standard put forth by the employer, then firing this employee is
perfectly within the company’s rights.
- Usually, it is a good
idea for the company to put the expected terms of employment into
writing and have the employee sign off on them.
- For example,
this contract might state that if an employee misses work without
notifying a supervisor, this act counts as grounds for termination.
- Also,
firing an employee based on economics is not wrongful
employment termination.
- If a company decides to cut jobs and shrink its
workforce, it is perfectly within its rights to do this – as long as it
does not discriminate when choosing who to terminate.
- Also,
hiring an employee for seasonal work and then firing them at the end of
the season is not wrongful termination.
If you do
feel like you have been a victim of wrongful termination, then legal
action may be your best bet. Enlist the help of an attorney
to fully understand the avenues of action available to you.
For further information on employee
rights, such as the wrongful termination
section here, please be sure
to check out the following areas:
Similar to the employee rights, employers also have
responsibilities and rights. To learn more about this, check
out the employer
liability insurance section.
And don't forget to check out the various employment
background screening sections, especially if you are
interested in federal
government jobs.
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